These terms of sale (‘Terms’) tell you the terms and conditions on which we supply any product (‘Product’) listed in the Shop section of our website www.migueltanco.com (our ‘Site’) to you. These Terms will apply to any contract between us for the sale of a Product to you (‘Contract’) and tell you who we are, how we will provide the Product to you, how you and we may change or cancel the Contract, what to do if there is a problem and other important information.
Please read these Terms carefully and make sure that you understand them, before ordering any Product from our Site. You should understand that by ordering our Product, you agree to be bound by these Terms. You should print a copy of these Terms or save them to your electronic device for future reference.
When purchasing any of Product, please tick the box to confirm that you have read and agree to the ‘Terms and Conditions’, when indicated to do so, if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order any Product from our Site.
INFORMATION ABOUT US AND HOW TO CONTACT US
I’m Miguel Tanco . Via Savona 43. 20144 Milan italy
You can contact us by writing to us by email at firstname.lastname@example.org or by post
If we need to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order.
When we use the words “writing” or “written” in these Terms, this includes emails.
By placing an order through our Site, you warrant that: you are legally capable of entering into binding contracts; you are at least 18 years old; and all information supplied to us is accurate and complete.
OUR CONTRACT WITH YOU
Your order. After placing an order, you will receive an e-mail from us acknowledging that we have received your order (Order Acknowledgement). Please note that this does not mean that your order has been accepted. Your order constitutes an offer by you to purchase our Product in accordance with these Terms. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). At which point a Contract will come into existence between you and us. Please note that this may take up to 14 days.
The Contract will relate only to a Product whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Product which may have been part of your order until the dispatch of such Product has been confirmed in a separate Dispatch Confirmation.
Our Products may be supplied directly from third party manufacturers. Where this is the case, we will pass your order to the relevant manufacturer for fulfilment.
Your order numbers. We will assign an order number to your order and tell you what it is in our Order Acknowledgement. It will help us if you can tell us the order number whenever you contact us about your order.
If we are unable to accept your order we will inform you of this in writing and we will reimburse the card you used to make the payment. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery timescale we or you have specified.
A Product may vary slightly from its picture. The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Product.
Delivery cost. The costs of delivery will be as displayed to you on our Site.
Delivery date. Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation. If no delivery date is specified, delivery will be within 28 days from the date we send the Dispatch Confirmation, unless there is an Event Outside Our Control. An Event Outside Our Control is defined below at clause 14.2.
If we cannot deliver. We reserve the right at our absolute discretion not to accept orders from addresses to which our delivery partners will not deliver. We will notify you by email if this is the case.
Recorded delivery. Where our Site indicates that a Product will be dispatched by recorded and signed for delivery or courier services, you will need to ensure that you provide a delivery address at which someone will be available to sign for the parcel. Couriers and the Royal Mail generally will leave an appropriate notification for you to arrange re-delivery if you are not available at the first delivery attempt.
If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Product cannot be posted through your letterbox, the delivery or courier service generally will leave you a note informing you of how to rearrange delivery or collect the Product from a local depot.
Delivery failure. If, after a failed delivery to you, you do not re-arrange delivery or collect the Product from a delivery depot, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the Contract and refund any money you have paid in advance for the Product we have not provided and we may deduct the costs we incurred due to your refusal to take delivery including our reasonable charges for care and custody of the goods.
You are responsible for the Product. From the time we deliver the Product to the address you gave us.
You will own the Product. Once we receive full payment of all sums due in respect of the Product, including delivery charges and the Dispatch Confirmation has been sent.
PRICE AND PAYMENT
The price. The price of the Product will be the price indicated on our Site. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 6.4 for what happens if we discover an error in the price of a Product you have ordered.
VAT. Where you place an order within the IT, we will charge VAT on that order. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
Price changes. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Product provided to you.
Payments. Payment for a Product must be by credit or debit card at the time of order. We accept payment with all major credit cards except American Express.
YOUR RIGHTS TO CANCEL THE CONTRACT
Your right to cancel the Contract will depend on your reason and when you decide to cancel the Contract:
if there is a risk that delivery will be significantly delayed because of an Event Outside Our Control (see clause 14).
if we have told you about an error in the price of the Product you have ordered and you do not wish to proceed (see clause 6.4); or
if you have just changed your mind about the Product (see clause 7.2) you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the cost of returning the Product;
if what you have bought is faulty or misdescribed you may have a legal right to end the Contract (see clause 9.2);
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind for a period beginning on the date of the Contract and ending 14 days after you have received the Product. You may do this in accordance with clause 8 and receive a full refund of the price paid for the Product (subject to a reduction in accordance with clause 8.4). Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
HOW TO END THE CONTRACT WITH US
To cancel the Contract, please let us know by doing one of the following:
By post. If the Product has been dispatched post the Product to us at the address on the accompanying delivery note which is enclosed with the Product, telling us when you ordered it, your order number and your name and billing address.
Email. If the Product has not yet been dispatched or you have not received them, you can email us at email@example.com. Please provide your name, billing address, and details of the order, and, where available, your order number.
You may use this model Cancellation Form, but it is not obligatory.
If you end the Contract for any reason after the Product have been dispatched to you or you have received them, you must return the Product to the address for returns set out on the delivery note enclosed with the Product within 14 days of telling us that you wish to end the Contract, and at your own cost (unless we will pay for your returns as detailed in clause 8.3). We may source the Product from a supplier who package and deliver for us, therefore the address for returns may be different to our address.
When we will pay the cost of returns: if the Product is faulty or misdescribed; or if you are ending the Contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, or a delay in delivery due to an Event Outside Our Control (defined in clause 14). In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
Your reasonable care of the Product. You have a legal obligation to take reasonable care of the Product while it is in your possession, including taking reasonable care when posting it back to us. If you fail to comply with this obligation, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Product and later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount.
How we will refund you. We will refund you the price you paid for the Products and the basic delivery cost, by the method you used for payment. However, we may make deductions from the price, as described above. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Products back from you.
IF THERE IS A PROBLEM WITH THE PRODUCT
If you have any questions or complaints about the Product, please contact us using the contact details given at clause 1.1 above.
We are under a legal duty to supply products that are in conformity with the Contract. Nothing in these Terms will affect your legal rights. If the Product is faulty or misdescribed, you have up to 30 days to reject the Product and request a refund.
If you return a Product to us because you consider that the Product is faulty or misdescribed, we will examine the returned Product and will notify you of your right to a refund or a replacement via e-mail within a reasonable period of time. We will refund in full the price of a Product that is faulty or misdescribed, this includes any applicable delivery charges and any reasonable costs you incur in returning the item to us.
Any product we supply is only for domestic and private use. We will not accept your order if we think you may resell the Product. However, if you do use the Product for any commercial, business or re-sale purpose, subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories:
loss of income or revenue;
loss of business;
loss of profits;
loss of anticipated savings;
loss of data; or
waste of management or office time.However, this clause 10.1 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 10.1.1 to 10.1.6 inclusive of this clause 10.1.
Subject to clause 10.3, we will not be liable for non-delivery, late delivery, any lost Product or any loss arising from such non-delivery, late delivery or lost delivery where it is due to inaccurate or incomplete information supplied by you, such as not providing your name or your full address details in your order.
Nothing in these Terms excludes or limits our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
defective products under the Consumer Protection Act 1987; or
any other matter for which it would be illegal for us to exclude or attempt to exclude our liability including where you are a consumer, for breach of your legal rights in relation to the Product, including the right to receive a Product which is: as described and matches information we provided to you; of satisfactory quality and fit for any purpose made known to us.
If you order a Product from our Site for delivery outside the IT, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Product is destined. We will not be liable for any breach by you of any such laws.
HOW WE MAY USE YOUR PERSONAL DATA
We will use the personal data you provide us with:
to supply the Product to you; and
to process your payment for the Product.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms from time to time.
You will be subject to the Terms in force at the time of the Contract between you and us, unless any change to these Terms is required to be made by law or governmental authority or if we notify you of any change to these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within 14 days of receipt by you of the Product.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (‘Event Outside Our Control’).
An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks;
the acts, decrees, legislation, regulations or restrictions of any government; and
pandemic or epidemic.
Subject to clause 14.4, our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
If there is a risk of substantial delay from the Event Outside Our Control, you may contact us to end the Contract and receive a refund for any Product you have paid for but not received.
OTHER IMPORTANT TERMS
Notices. All notices given by you to us in connection with the Contract must be given to Miguel Tanco. Email is preferable – email firstname.lastname@example.org.
Notices will be deemed received and properly served immediately 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee
Transfer of rights and obligations. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
Waiver. If at any time during the term of a Contract, we do not immediately insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies or any future rights or remedies. It does not prevent us from taking such steps against you at a later date, and does not relieve you from compliance with such obligations.
Severability. Each of the clauses of these Terms operates separately. If any court or competent authority decides that any of the provisions of these Terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Alternate dispute resolution. If you are not satisfied with how we have handled any complaint you have made, you may submit a dispute for online resolution to the European Commission Online Dispute Resolution platform. This is an online procedure where an independent body seeks to resolve any dispute without the parties having to go to court.
Third party rights. The Contract is between you and us. Subject to clause 15.3, no other person shall have any rights to enforce any of its terms.
Law and jurisdiction. These Terms are governed by Italian law and you can bring legal proceedings in respect of the Product in the Italian courts.